W. E. Brown

In the District Court of the Fourth Judicial District of the State of California,[centered] in and for the City and County of San Francisco.

John R. Robinson — vs. — The Central Pacific Railroad Company et al.

Be it remembered[centered] That, pursuant to the order hereunto annexed, and on the 24th day of April, A. D. 1876, at the office of Delos Lake, Esq., in the city and county of San Francisco, state of California, before me, a Notary Public in and for the said city and county of San Francisco, duly ap=pointed and commissioned to administer oaths, &c., &c., personally appeared

W. E. Brown,[centered]

a witness produced on behalf of the plaintiff in the above — entitled action, now pending in the said Court, who, being by me first duly sworn, was then and there examined and interrogated by A.A. Cohen, Esq., of counsel for the said plaintiff, and

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by S. W. Sanderson, Esq., of counsel for the said defendants, and testified as follows:

Mr. Cohen:

Question 1 Please state your name, age, residence and occupation.

A. Name, W. E. Brown; age, fifty=one years; resi= =dence, San Francisco; occupation, gentleman.

Q. 2 Are you the William E. Brown named in the Articles of Incorporation of the Contract and Finance Company, one of the defendants herein?

A. Yes sir.

Q. 3 Will you state who the other incorporators were?

[Question objected to, and withdrawn.]

Q. 4 Who was the promoter of that incorporation?

[Question objected to, and withdrawn.]

Q. 5 What person or persons took an active part in procuring the incorporation of that Company?

[left margin:] Objn. Mr. Sanderson: We object to that question, also, upon the ground that it is immaterial; and, if material, that there is better evidence as to who formed the corporation.

A. The incorporators took the most active part in it.

Q. 6 Mr. Lake: Well, who?

A. The other incorporators.

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Q.7 Name them.

[left margin:] Objn. Mr. Sanderson: We object, upon the ground that there is better evidence who the incor= =porators were.

Q. 8 Mr. Lake: Identify the persons whom you have named as taking an active part in the incorporation of that Company.

A. The other incorporators were B. R. Crocker and Theodore Milliken.

Q. 9 Mr. Cohen: Did you first mention the subject of the incorporation to the other incor= =porators, or did they first suggest it to you? If so, which one of them spoke to you concerning it?

A. I think I mentioned it to them before they did to me.

Q. 10 Was that incorporation formed from your own ideas and for your own purposes, or was its formation suggested to you by some other person? If so, by whom?

[left margin:] Objn. [Objected to as leading.]

A. It is so long ago I have really forgotten the circumstances under which it was first called to my notice.

Q. 11 Did any of the defendants in this case suggest to you to become an incorporator in that Company? If so, please name him or them.

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[left margin:] Objn. [Objected to as leading.]

A. I think they did; but I don't recollect which ones.

Q. 12 You think they did, but you do not recollect which ones?

A. I think so: I am not quite sure.

Q. 13 Did Leland Stanford, one of the defend= =ants in this action, make such a suggestion to you?

[left margin:] Objn. [Objected to as leading.]

A. I don't remember which of the defendants did.

Q. 14 Did C. P. Huntington make such a suggestion to you?

[left margin:] Objn. [The same objection.]

A. I don't remember.

Q. 15 Did Mr. Mark Hopkins make such a suggestion to you?

[left margin:] Objn. [The same objection.]

A. I don't remember.

Q. 16 Did Mr. Charles Crocker make such a suggestion to you?

[left margin:] Objn. [The same objection.]

A. I don't remember which of them did.

Q. 17 Do you remember the amount of cap= =ital stock mentioned in the Articles of Incorporation?

[left margin:] Objn. [Objected to, upon the ground that

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there is better evidence.]

A. I think it was five millions of dollars, the capital stock in the Articles of Incor= =poration.

Q. 18 The Articles of Incorporation now on file in the office of the Secretary of State show the capital stock to be $500000. To what part of that capital stock, if any, did you subscribe?

[left margin:] Objn. Mr. Sanderson: I do not see the object of this testimony. The Articles of Incorporation prove all these facts. I object to all this testimony, upon the ground that there is better evidence.

A. I don't remember.

Q. 19 Did you subscribe for any?

A. I think I did.

Q. 20 How much?

A. I don't remember how much I did sub= =scribe for.

Q. 21 Did you subscribe $1000?

A. I don't remember.

Q. 22 Was any stock ever issued to you? If so, how much?

[left margin:] Objn. Mr. Sanderson: I object to this, on the ground that there is better evidence, presumably.

A. I think whatever I subscribed for was issued to me, whatever the amount was. I don't remember.

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